270.0 VIII-3.20- PROCEDURES RELATING TO REVIEW BY ATTORNEY GENERAL'S OFFICE
OF CONTRACTUAL AGREEMENTS OF THE UNIVERSITY SYSTEM AND INVOLVEMENT IN
FINANCING, REAL ESTATE, AND RELATED CAPITAL
PROJECTS
Issued by the Chancellor, July 16, 1990
1. Review of Contractual Agreements
Any proposed contractual agreement should be submitted
in a timely manner for review to an attorney designated
by the Attorney General. It is the responsibility of
administrators in the University of Maryland System to
obtain a written statement of legal sufficiency for any
contractual agreement before it is signed by the
appropriate University System officer.
If an attorney in the Office of the Attorney General has
approved a contract form for form and legal sufficiency,
approval of a particular contract is not required,
provided the approved contract form is utilized without
substantive modification or alteration.
2. Financing, Real Estate, and Related Capital Projects
The Attorney General's Office should be promptly
contacted whenever a financing, real estate, or capital
project emerges at the conceptual stage. An initial
meeting will be convened involving the appropriate
representatives of the Attorney General's Office, the
institution or center, and System Administration (if
appropriate).
At the initial meeting, a mixture of policy and legal
issues will be examined, including: the application of
State regulatory procedures (e.g. "lease-leaseback"
rules); whether approvals are required from the
Department of General Services, the Board of Public
Works and the Board of Regents; the implications of
using institution-affiliated third parties (e.g.
foundations); and the use of contractually-retained bond
counsel.
As the proposed project takes shape, a working group
will be formed and a suitable timetable will be
established. Also, the Attorney General's Office will
determine, based upon the nature and complexity of the
project, the dimension of its involvement in the
transaction and necessary negotiations. The above
protocol is designed to protect the University System
and the State interests in financing, real estate, and
capital construction transactions. Thus, approval of
documents by the Attorney General's Office for form and
legal sufficiency may be predicated on adherence to this
protocol.
Replacement for: BOR VI-37.10 and VI-37.20